General Conditions of Use.
1. Acceptance and availability of the General Conditions of Use By accessing the Website you declare that you have read and accept these Conditions. In any case, the General Conditions of Use contained herein are mandatory and binding; any person who does not accept these conditions must refrain from using the Website and/or the services promoted by the Owner, through the same. These General Conditions of Use do not create any contract of partnership, mandate, franchise, or employment relationship between the Owner and the Users. These conditions regulate the use of this Website, which the Proprietor makes available to persons who access it in order to provide information on products and services, own and/or third party partners, and to facilitate access and contracting of the same.
2. Applicable regulations The present General Conditions of Use are subject to the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data, its Development Regulation, RD 1720/07, Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce, Royal Decree-Law 13/2012, of 30 March, transposing directives on the internal electricity and gas markets and on electronic communications, and adopting measures to correct deviations due to deviations in the internal electricity and gas markets and on electronic communications, of 30 March, transposing directives on the internal electricity and gas markets and on electronic communications, and adopting measures for the correction of deviations due to mismatches between costs and revenues in the electricity and gas sectors, as well as any subsequent regulations that modify or develop them. Both access to the Website owned by the Proprietor and the use that may be made of the information and contents included therein shall be the sole responsibility of the user. The conditions of access to the Website shall be subject to the law in force and the principles of good faith and lawful use by the User of the same, being prohibited in general any kind of action to the detriment of the Proprietor. The use of the Website for illegal or unauthorised purposes is strictly prohibited.
3. Modificación de las Condiciones Generales de Uso El Titular se reserva el derecho de modificar, en cualquier momento, la presentación y configuración del Sitio Web, así como las presentes Condiciones Generales de Uso. Por ello, El Titular recomienda al Usuario leerlas atentamente cada vez que acceda al Sitio Web. Siempre dispondrán de las Condiciones Generales de Uso en un sitio visible, libremente accesible para cuantas consultas quiera realizar.
4. Descripción de los servicios www.avantiholidays.smoobu.net es un enlace al Sitio Web oficial del Titular y sirven de herramienta de información de los servicios ofrecidos.
5. Terminación El Titular se reserva el derecho de interrumpir o cancelar el Sitio Web o cualquiera de los servicios en el mismo, en cualquier momento y sin previo aviso, por motivos técnicos o de cualquier otra índole, pudiendo así mismo modificar unilateralmente tanto las condiciones de acceso, como la totalidad o parte de los contenidos en él incluidos todo ello sin perjuicio de los derechos adquiridos en dicho momento.
6. Responsibilities The links contained in the Website may lead to third party websites. The Proprietor assumes no responsibility for the content, information or services that may appear on such sites, which are for information purposes only and in no case imply any relationship between the Proprietor and the persons or entities holding such content or owners of the sites where they are located. The Proprietor shall not be liable under any circumstances for any damage that may be caused by Users to this Website, or any other, for the illegal or improper use of the same, or the content and information accessible or provided through it. The Proprietor shall not be liable for infringements made by users of its Website that affect third parties. The Proprietor shall not be liable in case of interruptions of services, delays, malfunctions and, in general, other inconveniences that have their origin in causes beyond the control of the Proprietor, and / or due to a fraudulent or negligent action of the user and / or has its origin in causes of fortuitous event or force majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, the concept of force majeure shall be understood to include, in addition, and for the purposes of these General Terms of UseThe User shall not be liable for any loss or damage caused by any of the following events beyond the control of the Owner, such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of the Public Authorities, those produced as a result of natural phenomena, power outages, etc. and the attack of hackers or third parties specialised in the security or integrity of the computer system, provided that the Owner has adopted reasonable security measures in accordance with the state of the art. In any case, whatever the cause, the Holder shall not assume any liability for direct or indirect damages, consequential damages and / or lost profits. The Holder will try as far as possible to update and rectify any information hosted on its Website that does not comply with the minimum guarantees of veracity. However, it informs that there may be any kind of unintentional error and the User is free to check the content. In this sense, the Holder has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by Users or collaborators, except in cases where required by law or when required by a competent judicial or administrative authority. The Proprietor may not be held responsible for the use of this Website by third parties or references that may exist on websites.
7. Indemnification Users shall hold the Holder harmless for any claim or demand from third parties related to the activities promoted within the Website or for the breach of the General Conditions of Use and other policies that are understood to be incorporated herein, or for the violation of any laws or rights of third parties.
8. Nullity and ineffectiveness of the Clauses If any clause included in these General Conditions of Use is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part of the same that is null or ineffective, and the General Conditions of Use shall subsist in all other respects, and such provision, or the part of the same that is affected, shall be deemed not to be included.
9. Notifications All notifications, requirements, requests and other communications to be made by the parties in relation to these General Conditions of Use must be made in writing and shall be understood to have been duly made when they have been delivered by hand or sent by ordinary mail to the other party's address or e-mail address, or to any other address or e-mail address that each party may indicate to the other for these purposes.
10. Intellectual and Industrial Property The intellectual property rights of this Website, its source code, design, navigation structures and the different elements contained therein are the exclusive property of the Owner, who is entitled to exercise the rights of exploitation thereof in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with applicable Spanish and European Union legislation. The total or partial reproduction of the contents of this Website is strictly prohibited without the express written consent of the Owner. The unauthorised use of these contents by any other person or company will give rise to the legally established responsibilities. In this Web Site may appear Trademarks and trade marks being the rightful owners of the same, making them available to the Holder, for the promotion of the same without being considered in any case a transfer of ownership, these being exclusively responsible for any claim brought by third parties in relation to the use of the Trademark, exempting the Holder any liability on intellectual property rights. Any form of exploitation, including any type of reproduction, distribution, transfer to third parties, public communication and transformation, by means of any type of support and medium, of the aforementioned works, creations and distinctive signs without the prior and express authorisation of their respective owners is prohibited. Failure to comply with this prohibition may constitute an infringement punishable under current legislation. It is forbidden, except in cases expressly authorised by the Owner to present this Website or the information contained in it under frames, distinctive signs, trademarks or trade names of another person, company or entity, expressly including the photographic content, which is considered the exclusive property of the Owner. Infringement of any of the aforementioned rights may constitute a violation of these General Conditions of Use, as well as an offence punishable under Articles 270 and following of the Penal Code. Those users who send observations, opinions or comments to the Website by means of the e-mail service or by any other means, in cases where this is possible due to the nature of the services, authorise the Proprietor to reproduce, distribute, publicly communicate, transform and exercise any other right of exploitation of such observations, opinions or comments, for the entire duration of copyright protection provided by law and without territorial limitation. It is also understood that this authorisation is given free of charge. The Proprietor warns that he cannot be held responsible for the comments or any type of contribution from third parties that are shown on the site itself or in linked external spaces, these do not in any case express the opinion of the Proprietor and he reserves the exclusive right to remove them if they are considered incorrect, or that act against his own interests or those of third parties, at the discretion of the Proprietor. The Proprietor is not responsible for the use that the User makes of the Website Services, as well as any material that he includes in this Website, which may infringe the rights of intellectual property, industrial, protection of personal data or any other rights of third parties. In any case, if the Owner becomes aware that this content infringes any third party rights, he undertakes to remove it as soon as possible.
11. Jurisdiction For any questions that may arise regarding the interpretation, application and fulfilment of this Legal Notice, as well as any claims that may arise from its use, all the intervening parties submit themselves to the Judges and Courts of Seville, expressly waiving any other jurisdiction that may correspond to them.
C/ Feria, Sevilla, Sevilla Spain
